Devendra Sahani And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56265 of 2015 Arising Out of PS.Case No. -58 Year- 2015 Thana -SC/ST P.S. District- MUZAFFARPUR ======================================================
1. Devendra Sahani
2. Sunil Sahani
3. Anil Sahani
4. Jitendra Sahani All sons of Prabhu Sahani
5. Lalteshwar Sahani Son of Brahmdeo Sahani
6. Kamlesh Sahani @ Kamleshwar Sahani Son of Raj Mangal Sahani
7. Gonour Sahani Son of Ram Briksha Sahani
8. Suresh Sahani Son of Nantun Sahani
9. Sonu Sahani Son of Batahu Sahani
10. Nawal Kishor Sahani Son of Harku Sahani
11. Guddu Sahani Son of Jagdush Sahani
12. Ram Dulari Devi W/o Prabhu Sahani All resident of VillageJamalabad, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghwanand For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-12-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 448, 385, 354(B), 379, 504, 506 of the Indian Penal Code and Section 3(1)(x)(xi) of the SC & ST (Prevention of Atrocities) Act.
The prosecution case is that next day of the marriage ceremony of the daughter of the informant the accused persons came at the door of the informant, abused by calling caste name, robbed the articles and outraged the modesty of the daughter and other family members of the informant. The accused persons also robbed the articles worth
Patna High Court Cr.Misc. No.56265 of 2015 (2) dt.16-12-2015 2/2 rupees fifty thousand and cash of rupees five thousand. It is submitted by learned counsel for the petitioners that for the occurrence of 05.06.2015 the First Information Report was registered on 12.06.2015, whereas the driver of the petitioners filed a complaint before the panchayat Sarpanch on 05.06.2015 levelling accusation of assault by the informant's side. Moreover, admittedly the occurrence took place in the house of the informant which can not be treated to be a place of public view.
A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the delayed lodging of the F.I.R, complaint made by the petitioners' side at earlier point of time and petitioners having no criminal antecedent, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Muzaffarpur in connection with Muzaffarpur SC/ST P.S. Case No. 58 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T